K. Saravanan vs A Barook Ali

CRP.No.6736 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition No.6736 of 2026
& CMP.No.29007 of 2026
CNR:{HCMA012485092026}
K.Saravanan
S/o. Late. S.Kaathaperumal,
No.580, B Vari Carton,
Anumanthapuram,
Eswaran Kovil Thenpuram Road,
Dharapuram Taluk, Tiruppur District.
...Petitioner
Vs
1. A.Barook Ali
S/o. Abdul Wahab,
No.580/6, 5 Karnar,
Balaji Nagar,
Dharapuram Taluk,
Tirupur District.
2. A.Aasiya Begam
W/o. A.Barook Ali,
No.580/6, 5 Karnar,
Balaji Nagar,
Dharmapuri Taluk,
Tirupur District.
...Respondents
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CRP.No.6736 of 2026
PETITION under Article 227 of The Constitution of India
against the order dated 18.9.2026 passed in I.A.No.9 of 2026 in
O.S.No.123 of 2024 by the District Munsif Court, Dharapuram.
For Petitioner: Mr.S.Lakshmi Narayanan
ORDER
This civil revision petition has been filed under Article 227 of
The Constitution of India against the order dated 18.9.2026 passed
in I.A.No.9 of 2026 in O.S.No.123 of 2024 by the District Munsif
Court, Dharapuram (for short, the Court below) wherein the
application filed by the petitioner/defendant under Order VIII Rule 9
of the Civil Procedure Code (CPC) seeking to file an additional
written statement, came to be dismissed.
2. Heard the learned counsel for the petitioner.
3. This Court has carefully considered the submissions of the
learned counsel for the petitioner and perused the materials
available on record and more particularly the impugned order.
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CRP.No.6736 of 2026
4. The respondents, who are the plaintiffs, filed the said suit
seeking for the relief of eviction of the petitioner/defendant, for
recovery of arrears of rent and for damages and compensation.
When the said suit reached the stage of trial, the said application
came to be filed by the petitioner/defendant seeking to file an
additional written statement.
5. But, by the impugned order, the Court below dismissed the
said application. Aggrieved by that, the above civil revision petition
has been filed before this Court.
6. The reason that has been assigned in the affidavit filed in
support of the said application is extracted as hereunder:
“ fle;j 31.7.2022 Mk; Njjp
vjph;kDjhuh;fs; / thjpfSf;F Kd;gzkhf
&gha; 1>00>000 / - kw;Wk; 04.7.2022 Njjp Kjy;
30.07.2022 Njjp tiuf;Fkhd thlif
njhif &gha; 3>800 / - Mf nkhj;jk;
/ /
1>03>800 - njhifia vjph;kDjhuh;fs;
thjpfSf;F ehd;nfhLj;Njd;. 1k;
vjph;kDjhuh; / thjpAk; tof;fk; Nghy; jhd;
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CRP.No.6736 of 2026
Nkw;gb njhifiag; ngw;Wf;nfhz;Nld;
vd;W vdJ Nehl;by; ifnahg;gk;
nra;Js;shh;. ehd Nkw;gb njhifia
;
vjph;kDjhuh;fs; / thjpfSf;F nfhLf;Fk;
NghJk ; mij 1k ; vjph;kDjhuh; / thjp ngw;Wf;
nfhz;L ifnahg;gk; nra;Ak;NghJk; Nkw;gb
KUNfrd ; vd;Dld; ,Ue;jhh;> 2 ;k;
vjph;kDjhuh; / thjpAk ; cldpUe;jhh;. mth;
vjph;kDjhuh;fs; / thjpfs; ePjpkd;w
Copah;fs ; vd;gjhy ; mth;fSf;F vjpuhd
rhl;rpahf jhd; ,Ue;jhy; jd;idAk; kpul;b
njhe;jpuT nra;thh;fs ; vd;W vz;zp
mQ;rpf; nfhz;bUe;jhh;. Mdhy ; Nkw;gb
KUNfrd; jw;NghJ ijhpaj;ij
tutioj;Jf ; nfhz;L vjph;kDjhuh;fs; /
/
thjpfs; jhq;fs; vd;dplkpUe;J & 1>00>000 -
thq;ftpy;iy vd;W $wp tUtjhy; jw;NghJ
fle;j 31.07.2022 Njjp ele;j tptuj;ij
rhl;rpak; mspf;f jahuhf cs;sjhf
njhptpj;Js;shh;. Nkw;gb KUNfrd; jhd;
ehd;> vjph;kDjhuh;fs / thjpfSf;F Kd;gzj;
njhif & 1>00>000 / - nfhLj;jw;fhd xNu
rhl;rp vd;gjhy; vdJ jug;gpy; Nkw;gb
rq;fjpfis njhptpf;f Ntz;bAs;sjhy;
vdJ jug;gpy ; $Ljy; tptug;gj;jphpf;if
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CRP.No.6736 of 2026
jhf;fy ; nra;a Ntz;baJ mtrpakhAk;
epahakhAk; cs;sJ. VdNt> vdJ jug;gpy;
jhf;fy; nra;Ak; ,e;j $Ljy; tptug;
gj;jphpf;ifia ( Additional statement )
jhf;fy ; nra;a mDkjp Nfhhp ,k;kDit
jhf;fy; nra;fpNwd;. ”
7. The above reason assigned by the petitioner/defendant, by
no stretch, can be considered to be a ground for filing the additional
written statement.
8. According to the petitioner/defendant, earlier, one
Mr.Murugesan was fearing to give evidence as a witness and
therefore, the written statement was filed at that point of time.
Later, the said Mr.Murugesan became more confident to depose as a
witness and hence, the petitioner/defendant wanted to file the
additional written statement on that basis.
9. As rightly found by the Court below, the ground that has
been raised in the affidavit filed in support of the said application
does not, in any way, satisfy the requirement of Order VIII Rule 9 of
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CRP.No.6736 of 2026
the CPC. The parties cannot be changing their pleadings based on
the mood of the witnesses that they are inclined to examine. The
affidavit filed in support of the said application is bereft of any
merits and has been rightly dismissed by the Court below.
10. In the light of the above discussions, the civil revision
petition is dismissed and the impugned order dated 18.9.2026
passed in I.A.No.9 of 2026 in O.S.No.123 of 2024 by the District
Munsif Court, Dharapuram stands confirmed. Consequently, the
connected CMP is also dismissed.
27-10-2026
To
The District Munsif Court,
Dharapuram.
RS
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CRP.No.6736 of 2026
N.ANAND VENKATESH,J
RS
CRP.No.6736 of 2026&
CMP.No.29007 of 2026
27-10-2026
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